Select Committee on Health Minutes of Evidence


APPENDIX 3

  We have taken the following information from an unpublished set of training notes drafted by POPAN for training for the psychological therapies.

1.  WHAT IS PROFESSIONAL ABUSE?

  In order to conceptualise abuse by health and social care professionals, we must recognise that the professional helping relationship is often one-to-one, involves trust and an imbalance of power: one person is invested with the power to heal; the structure of the relationship means he or she also has the power to harm. Ethical frameworks and professional boundaries exist to protect the client or patient, who is vulnerable, from exploitation. Stereotyping and discriminatory attitudes towards socially marginalized groups can be compounded in professional relationships. Exploitation occurs when practitioners use formalised helping relationships to put their own desire for sexual, physical, emotional or financial gratification ahead of the needs of the client.

1.2  How do practitioners get away with abuse?

  Practitioners are often able to get away with abuse because they:

    —  have access to privileged information and resources;

    —  are trusted by clients;

    —  are believed to be skilled and knowledgeable and not to be questioned;

    —  become someone on whom the client is dependent; and

    —  work in a setting where their practice goes unexamined.

1.3  Characteristics of Professional Abuse:

    —  may be sexual, financial, emotional, physical, discriminatory;

    —  can be one-off, occasional or recurring;

    —  is on a continuum from mildly harmful to grossly harmful;

    —  can occur in many different settings;

    —  may be planned and predatory, or opportunistic;

    —  targets the most vulnerable; and

    —  many practitioners gradually slip into abusive practices, starting with apparently minor boundary violations.

  POPAN helps those who have been abused by health or social care professionals. The majority of the information POPAN has is about therapists, doctors, nurses, psychologists and complementary therapists. The most common types of abuse are sexual and emotional. These frequently overlap.

1.4  What makes abuse more likely?

    —  predatory or manipulative practitioners;

    —  inexperienced, incompetent or careless practitioners;

    —  prejudice and stereotyping, including racist, sexist etc attitudes;

    —  temporary impairment in practitioners eg intoxication, illness, mood disorders;

    —  harmful techniques or approaches; and

    —  specific vulnerabilities in clients or patients eg prior sexual abuse;

    —  practitioner's level of competence does not meet client's needs;

    —  insufficient training, supervision and support;

    —  inadequate staffing and high workloads; and

    —  absence of culture of transparency;

    —  inadequate structures for accountability.

  Additional reading: (see Recommended Reading lists for details)

    "The prevention of client abuse in psychotherapy" by Nash and Blunden (1999).

    "Exploitation in therapy and counselling: a breach of professional standards" by Hetherington (2000).

    Books:

    —Jehu (1994)

    —Penfold (1999)

    —Yalom (1997)


2.  WHO IS AT RISK OF ABUSING?

  There is no satisfactory research in the UK to answer this question; much of the theory and research is from North America. POPAN collects data, but has no way of knowing if this is representative of the helping professions or whether any generalisations can be made from its data. It is nonetheless interesting to note that 80% of alleged abusers are men.

  Some studies show that abusers are often of high status and well-qualified within their profession. They are certainly more likely to get away with abusive practices—they are less likely to be challenged, to be held to account, to seek supervision, to be disbelieved if they deny impropriety, to accept limits or sanctions, or to curb a wish to indulge in unconventional behaviour. They may believe "ordinary rules" do not apply to them. They may behave abusively out of arrogance and unawareness, or they may be manipulative and predatory.

  Other factors that increase practitioner risk of abusing, which may be temporary or long-term, include:

    —  low self-esteem;

    —  need to improve self-esteem through clinical work;

    —  need to be liked or to be approved of;

    —  social or work isolation, work stresses;

    —  confusing own needs with those of client;

    —  rescue fantasies;

    —  seeing oneself as special, creative, not bound by usual regulations;

    —  influence of male/female socialisation practices;

    —  poor knowledge/self-awareness re boundaries;

    —  personal history of boundary violation eg childhood sexual abuse or rape;

    —  little or no skills re management of sexual feelings towards patients; and

    —  sub-clinical/clinical psychiatric disorder.

  The attitudes of abusive practitioners tend toward being either over-involved or excessively distant. Attitudes, knowledge, and skill in handling difficult aspects of the process of giving medical care (eg not reacting in a retaliatory or defensive manner) are crucial: exploitation and harm are likely to occur when practitioners do not deal properly with negative aspects of clients' interactions.

  North American research studies indicate psychiatrists, psychologists and social workers have self-report figures of between 2% and 7% for sexual contact with clients. Surveys suggest that anywhere from 33% to 80% of professionals who acknowledge sex with a client state it was with more than one.

3.  WHO IS AT RISK OF BEING ABUSED?

3.1  Social disempowerment:

  No-one is immune from the possibility of being a victim of abuse by a health professional, but those groups of people who are disempowered by society are likely to feel further disempowered by the unequal relationship with a professional, and this is often exploited by abusive practitioners, particularly as socially marginalized individuals are less likely to be willing to raise concerns, less likely to be heard and less likely to be believed. So—there is greater vulnerability to abuse amongst:

    —  women;

    —  users of mental health services;

    —  members of ethnic minority groups;

    —  people who are physically impaired or intoxicated; and

    —  people who are physically dependent on others.

3.2  Psychological vulnerability

  There are also individuals who are psychologically fragile and who may struggle with issues of dependence, abandonment, over-idealisation and devaluation of others, feelings of emptiness, and intense neediness, who may be very challenging for practitioners to work with and who (through no fault of their own) then become victims—as helpers get out of their depth, become over-involved and violate boundaries.

3.3  Re-victimisation

  Victims of sexual, physical or emotional abuse in childhood tend to be re-victimised in later life (including domestic violence, rape, prostitution and abuse by a professional). Ways in which abuse in childhood may be linked to re-victimisation may include:

    —  learned helplessness;

    —  unassertiveness;

    —  low self-esteem;

    —  need for approval;

    —  excessive dependency;

    —  parentification/role reversal;

    —  oversexualisation; and

    —  dissociation.

  In particular, victims of childhood sexual abuse may have little or no experience of consistent or appropriate boundaries, on which to judge the behaviour of someone they are expected to trust.

  Recommended additional reading:

    Article: To the point by Rosie Alexander (1996)

    Books: Herman (1994) Epstein (1994)

4.  THE EFFECTS OF PROFESSIONAL ABUSE ON VICTIMS

  There is a continuum of abusive behaviour by Health and Social Care Professionals, and effects will vary. Occasional or minor boundary violations (such as self-disclosure about a current personal problem) are likely to cause confusion for the client and introduce ambiguity into the relationship. Practitioners who are either too distant or too intrusive are likely to cause at least discomfort, at worst long term emotional harm and distress.

  Premeditated exploitative behaviour—emotional, physical, financial or sexual—has serious and long-lasting psychological effects on the client/patient. These include:

    —  ambivalence and confusion;

    —  isolation and emptiness;

    —  loss of self-esteem and loss of confidence;

    —  sense of humiliation or shame;

    —  guilt;

    —  self-harming behaviours (eg substance abuse);

    —  extreme distress, including unresolved grief;

    —  impaired ability to trust in any relationships;

    —  symptoms of post-traumatic stress disorder (PTSD);

    —  suicidal feelings and suicide attempts;

    —  inability to trust own judgement; and

    —  anxiety and depression.

  In addition, there is the vicious cycle of:

    —  failure to have the original problems (for which help was sought) dealt with;

    —  worsening of the original problems; and

    —  impaired ability to approach or trust other health or social care professionals.

  There are many parallels in the effects of professional sexual abuse with the effects of childhood sexual abuse, and with domestic violence and sexual crimes in general. Self-blame is common. Victims may begin to rely on a range of defence mechanisms to protect them from acknowledging the violation that has occurred. In particular, it may be many years before they are able to recognise what happened and/or to take steps to deal with it.

  Violating boundaries in pursuit of sexual gratification by Health and Social Care Professions at first results in mixed messages. The practitioner breaks the therapeutic frame and starts going down a "slippery slope":

    —  ambiguity, potential role reversal is introduced to the relationship;

    —  patient starts to feel uneasy and tense;

    —  a sense of "special relationship" is introduced by the professional;

    —  previous boundary violation issues for the patient may be triggered;

    —  the patient is invited to "test the limits";

    —  at first the patient may experience excitement/sense of extra nurturing or care;

    —  patient may be persuaded into believing practitioner's wishes/actions are in the client's best interests; and

    —  negative reactions are delayed or blanked out.

4.2  Layers of psychological damage—the particular effects of sexual abuse (summarised from Peterson, 1992)

    —  survivors develop "explanations" for practitioner's behaviour;

    —  struggle with feeling baffled by practitioner's true agenda, bewildered by professional's deceit, confused by two realities;

    —  betrayal of trust threatens beliefs with which they anchor themselves to the world;

    —  trusting seems dangerous;

    —  avoidance and withdrawal to protect themselves;

    —  acknowledging helplessness is scary, so go to great lengths to ward off the truth of their victimisation; and

    —  but this leads to never-ending spiral of self-condemnation.

4.3  Blocks to gaining validation

    —  shame and secrecy, plus invisibility of psychological wounds, mean that clients question the validity of their experiences;

    —  may get backlash from friends, family or professionals; and

    —  may be inaccurately diagnosed as borderline, paranoid, or having an anxiety disorder.

4.4  Obstacles to healing

    —  unavailability of appropriate therapists, not able to afford private therapists, difficulty finding advocacy and appropriate solicitor if going to court;

    —  feeling belittled, trivialised, blamed during court or complaints process. Lack of support or even secondary victimisation by friends and family;

    —  losses suffered during and after the abuse—marriage, savings, job or career, house, health.;

    —  even with therapy, a persistent lack of confidence, shame, self-blame and difficulty trusting their judgement of people and situations; and

    —  feeling in limbo, unable to progress with their lives, frequently re-traumatised during court or complaints process.

  There are likely to be profound destructive effects on the family and others close to the abused client.

4.5  Effects of abuse on associate victims

    —  the damage caused by professional sexual abuse is widespread;

    —  every victim/survivor is a partner, wife, mother, daughter, son, brother, sister, friend, etc;

    —  these groups of people can be identified as associate or secondary victims;

    —  many victims will have entered mental health services at a time when there may already be some difficulties in their ability to sustain their close relationships;

    —  many victims suffer PTSD and we know that other situations which cause PTSD impact on loved ones also;

    —  associate victims often end up confused, and are not helped to understand what has happened to their loved one;

    —  most literature concentrates on examining the relationship between the perpetrator and the victim but has not recognised the wider context;

    —  if the victim has been made to feel responsible for the abuse they may struggle to tell their partner about what may be seen as an "affair";

    —  many victims will struggle to sustain any intimate relationship after the abuse and this is particularly difficult if the issue is not clearly understood;

    —  the victim may have originally been seen with their partner for couple therapy in which case there is a double betrayal;

    —  direct victims may not be able to tell their children anything about the abuse but the children may be witnessing and be confused by their mother's distress;

    —  if the victim is strong enough and supported enough to disclose the abuse to family and/or friends it can be a rich source of additional support; and

    —  daughters and sons can learn from their parents' experience how to avoid abusive people themselves.

5.  EFFECTS OF PROFESSIONAL ABUSE ON ABUSER'S COLLEAGUES

  There are likely to be profound "ripple effects" on other members of teams or organisations when an individual is known to have acted abusively. Regrettably, the most frequent response by those in authority is to either brush the incident under the carpet, or to "name and shame": in either case the effect on colleagues, on the practitioner's other clients and on the ethos of the organisation is not properly addressed.

  Common reactions are:

    —  disbelief and/or anger;

    —  polarisation of attitudes: usually either protective or accusatory;

    —  splitting (in teams and groups of colleagues);

    —  fear of being "tainted" or "guilty by association";

    —  identification; "it could have been me";

    —  recrimination and guilt for not having prevented it;

    —  disgust; and

    —  reduced self-efficacy; demoralisation

  Recommended additional reading:

  Books:

  Fortune (1989)

  Sands (2000)

  Penfold (1999)

  Pope (1994)

  Articles: Disch and Avery (2000); Ward (1993)


6.  RAISING CONCERNS AND BEING HEARD

6.1  Difficulties in raising concerns and being heard for victims

    —  one of the effects of being abused is feeling too ashamed and traumatised to talk about it;

    —  only 1/5 of those who contact POPAN about abuse choose to raise it with the abuser's employer or professional organisation/make a complaint;

    —  the vulnerability of clients and their dependence on practitioners, or fantasies about their "specialness", may prevent clients leaving abusive relationships;

    —  many clients have no experience of being heard/taken seriously if they have been mistreated;

    —  many clients do not know correct procedures, or the procedures are inaccessible or inadequate; and

    —  many clients sense "something is wrong" but do not themselves identify it as abuse or exploitation.

6.2  Obstacles for other practitioners raising concerns

  The health care professional's concerns may be about a practitioner who is his/her colleague and/or friend.

  His/her concerns may be about a practitioner on whom he/she is indirectly financially dependent, eg an employer or a person who makes referrals.

  The person to whom concerns should be reported

    —  may be part of the abusive situation;

    —  may not take the practitioner's concerns seriously; and

    —  may not believe the practitioner.

  The health professional's concerns may be about something, which others appear to find acceptable/normal.

  The professional may fear being disliked, ostracised, criticised or condemned.

  The practitioner may believe that she/he must not report concerns without being 100% sure of her/his facts.

  The professional may not know what the correct procedures are.

6.3  Suggestions For Encouraging The Raising Of Concerns

    —  change the language used: eg "raising concerns about professional behaviour" vs. "complaining"; "alerter" vs. "whistleblower"; "professional conduct committee" vs. "complaints board".

    —  change the ethos in service delivery organisations and professional organisations: eg health and safety laws apply to all practitioners—raise awareness of the need to have a psychologically safe environment;

    —  provide clients and patients with written information about how to recognise practitioner behaviour that may be cause for concern;

    —  ensure consistent, clear guidance on raising concerns in a safe and effective way;

    —  individual practitioners should model a "zero tolerance" attitude to boundary violations and client exploitation, to encourage this in others;

    —  supervisors, managers and others should indicate that discussing one's own mistakes or boundary crossings is appropriate in a "learning culture"; and

    —  draw on other organisations' experience on providing information about "raising concerns" (eg booklets produced by the GMC and NMC).

7.  COMPLAINTS

  All NHS Trusts are required to have clear and well-publicised complaints procedures.

  A good complaints procedure properly carried out is a vital part of keeping patients safe from abusive professionals. The formality of complaints procedures is meant to ensure fairness, neutrality, distance and an emphasis on the process, not on personalities

  However, there is much difficulty regarding "evidence" in a complaints hearing: unlike a criminal court, the judgement is normally made "on the balance of probabilities" rather than "beyond reasonable doubt" and a board or panel will primarily base this on the accounts given by the practitioner and by the client. Some bodies, however, such as the GMC or Nursing and Midwifery Council, do use a criminal standard of proof. An abused client will find it particularly difficult to trust a panel of people if she believes them to be colleagues of the abusive practitioner. It is crucial to have an appropriate number of lay people involved in complaints procedures.

  A frequently asked question is "Don't clients often make up allegations?" Research in North America and in POPAN's experience shows that this is a fairly rare occurrence. It is essential that all allegations are properly dealt with, as occurs with child abuse. There may of course be misunderstandings or less serious boundary violations, which are perceived by clients as distressing and harmful, which are not best served by formal complaints procedures. Individual doctors and practice managers should ensure clients know about appropriate ways of having these concerns attended to, if necessary involving a neutral third party.

7.1  What is the Public Function of a Complaints Procedure?

    —  alerts appropriate people to others' dangerous practices;

    —  maintains standards in a professional group by ensuring unethical practitioners are excluded;

    —  demonstrates accountability and transparency by being thorough, well-publicised and properly followed;

    —  enables clients who have had serious concerns to have these redressed through appropriate means;

    —  enables individual practitioners to take responsibility for malpractice or misconduct;

    —  demonstrates that sanctions against practitioners can be effective; and

    —  provides feedback to the organisation, from which all members can learn.

7.2  What is the Function of a Complaints Procedure for the Survivor of Abuse?

    —  having their story heard by someone in authority;

    —  stopping it happening to others;

    —  preventing the practitioner from continuing to see clients;

    —  achieving justice;

    —  to move on from anger, betrayal and hurt; and

    —  to feel they are regaining some personal power.

7.3  What survivors want from a complaints procedure

    —  opportunity for third party consultation, and/or mediation, prior to formal complaint hearing;

    —  prompt responses to queries and letters, clear deadlines for all parties;

    —  to be kept fully informed of the process;

    —  a procedure that is clear, well thought-through and thorough;

    —  terminology to be free of pathologising language and technical jargon;

    —  sensitivity to client's needs during proceedings (eg needing breaks);

    —  recognition of the likelihood of the client having lower income and fewer resources than the practitioner (eg less likely to have professional or legal representation);

    —  clarity about confidentiality and respect for privacy;

    —  recognise unequal power relationship;

    —  complainant to be allowed representation;

    —  recognition of the possibility that the practitioner may lie;

    —  questions to be put through a chairperson: practitioner should not face or directly confront client;

    —  recognition that complainants need "closure", eg being told what sanctions have been imposed on a practitioner; and

    —  the need for those responsible to "apologise, not pathologise".

  Recommended additional reading:

  Articles:

  Pilgrim and Guinan (1999)

  Stokes (1991)

  Books:

  Casemore (2001)

  Jenkins (2002)

  Palmer Barnes (1998)

   Copyright POPAN 2003





 
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